The URL can be used to link to this page

Home My WebLink About2017-08-21-Resolutions 17-400_Alice's Rd Corridor Phase 5 - Electric Transmission Line Easement - University of Iowa Community Credit UnionTHE CITY OF WAUKEE,IOWA RESOLUTION 17-400 APPROVING MIDAMERICAN ENERGY COMPANY ELECTRIC TRANSMISSION LINE EASKMKNT RELATED TO ALICE'S ROAD CORRIDOR IMPROVEMENTS, PHASE 5 [UNIVERSITY OF IOWA COMMUNITY CREDIT UNION] INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF 5'AUKEE,ION'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that MidAmerican Energy Company Electric Transmission Line Easement is necessary for the purpose of construction of the Alice's Road Corridor Improvements Project,Phase 5;AND, WHEREAS,said easement shall be located on a portion of the property owned by University of Iowa Community Credit Union and legally described as referenced in Exhibit A,Easement Area, of the Electric Transmission Line Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21"day of August,2017,that it hereby approves the MidAmerican Energy Company Electric Transmission Line Easement related to Alice's Road Corridor Improvements,Phase 5 [University of Iowa Community Credit Union]in the amount of $1.00. am F.ea,ayor Attest Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYK X X X NAY ABSENT ABSTAIN X X UJNJ)jj8)JJJJJJJJOJJJJ)(jjjjjIjjjjjjJIJIJJJJJJJJIJI/J)E)INJJ Recorded:08/31/2017 at 08:leo28 ArtFeeAmt:827.00 Page 1 of 8DallasCountyIousChadC.Airhart RECORDERFiles ax2017 F0173,27 ELECTRIC TIIAiVSiYIISSION LIViE EASEMENT University of Iowa Community Credit UnionMidAmericanEnergyCompany;Universi 7 o Recorder's Cover Sheet Preparer n orms io.I f .t'n (name,address and phone number) Rioht-of-Way ServicesMidAmericanEnergyCompanyRigt-o -'ay P.O.Box 657 Des Moines,IA 50306-0657 Phone:(515)242-4070 Bill/Return Document to (name and compm lete address): Rebecca D.Schuett City of Waukee 230 W.Hickman Rd. Waukee,1A 50263 Phone:(515)978-7904 Legal Description:See Exhibit A N ber of Previously Recorded Documents:Document or Instrument um er o Prepared by end~tarrr46;Jason Romey (515)242-4070 MIDAMERICAN ENERGY ATTN:RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES,IA 50306-0657 MIDAMERICAN ENERGY COMPANY ELECTRIC TRANSMISSION LINE EASEMENT Folder No.42 Work Req.No. Project No. State of County of Section Township Range iowa Dallas 27 79 North 26 West of the 5'"P.M. 1.For and in consideration of the sum of One and no/100 Dollar ($L00),and other valuable consideration,in hand paid by MIDAMERICAN ENERGY COMPANY,an Iowa corporation,receipt of which is hereby acknowledged,the undersigned owner(s)UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,(collectively the "Grantor"),does hereby grant to MIDAMERICAN ENERGY COMPANY,its successors and assigns ("Grantee"),a perpetual,non-exclusive easement to construct,reconstruct, operate,maintain,replace or remove electric supply line(s)for the transmission and distribution of electric energy and for communication and electrical controls,including other reasonably necessary poles,towers, wires,guys,guy stubs,anchors and other reasonably necessary equipment incident thereto (collectively "Facilities")upon,over,along,and across certain property described below,together with the right to survey the property and the dght of ingress and egress to and from the same and all the rights and privileges incident and necessary to the enjoyment of this easement ("Easement Area"),including the right to trim,cut down and remove such trees,brush,saplings and bushes as may interfere with the proper construction, maintenance,operation or removal of said lines,upon,over,along and across the property described below. DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:Lot 2,The Crossing at Alice's Road Plat 4,an Official Plat in the City of Waukee,Dallas County,iowa,as recorded in Book 2015,Page 20364 of the Dallas County Recorder's Office,Dallas County,iowa DESCRIPTION OF EASEMENT AREA;Commencing at the Southeast Corner of Section 27,Township 79 North,Range 26 West of the 5th Principal Meridian,thence South 89'56'19"West,115.51 feet along the South line of the Southeast Quarter (SE'/4)of said Section 27;thence North 00'31'39"East,147.96 feet to the Point of Beginning;thence North 00*31'39"East,213.45 feet;thence North 04'20'30"East,14.82 feet to the North hne of said Lot 2;thence South 89'43'40"East,25.06 feet along said North line;thence South 04'20'30"West,15.76 feet;thence South 00'31'39"West,187.35 feet;thence South 45'13'30"West,35.54 feet to the Point of Beginning Said Parcel contains 5,392 square feet or 0.12 acres more or less. 2.Subject to the rights of the Grantee granted herein,Grantor shall have the right to cultivate,use and occupy the land.No brush or other inflammable materials shall be deposited,or accumulated or burned within the easement area. 3.Grantor agrees that it will not construct or place any permanent or temporary buildings,structures, fences,trees,plants,or other objects on the Easement Area described herein,or make any changes in ground elevat&on without written permission from Grantee indicating that said construction or ground elevation changes will not result in inadequate or excessive ground cover,or otherwise interfere with the Grantee's rights to operate and maintain its Facilities,and that no act shall be performed which violates the clearance requirements of the National Electrical Safety Code and/or the rules of the state utility regulatory authority where the Facilities are located. 4.In consideration of such grant,Grantee agrees that it will repair or pay for any damage which may be caused to tile,crops,fences,or other property,real or personal,of the Grantor by the construction, reconstruction,maintenance,operation,replacement or removal of the Facilities (except for damage to Page I ver r ll I I n l6-I property placed subsequent to the granting of this easement)that Grantee determines interferes with the operation and maintenance of the Facilities and associated equipment.The cutting,recutting,trimming and removal of trees,branches,saplings,brush or other vegetation on or adjacent to the Easement Area is expected and not considered damage to the Grantor. 5.Grantor certifies that it is not acting,directly or indirectly,for or on behalf of any person,group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person"or any other banned or blocked person,entity,nation or transaction pursuant to any law,order,rule or regulation that is enforced or administered by the Office of Foreign Assets Control;and are not engaged in this transaction,directly or indirectly on behalf of,any such person,group,entity or nation.Grantor hereby agrees to defend,indemnify and hold harmless Grantee from and against any and all claims,damages,losses,risks,liabilities and expenses (including attorney's fees and costs)arising from or related to any breach of the foregoing certification. fk Each of the provisions of this easement shall be enforceable independently of any other provision of this easement and independent of any other claim or cause of action In the event of any matter or dispute arising out of or related to this easement,it is agreed between the parties that the law of the jurisdiction and location where this easement is recorded (including statute of hmitation prows&ons)will govern the interpretation,validity and effect of this easement without regard to the place of execution or place of performance thereof,or any conflicts or law provisions.TO THE FULLEST EXTENT PERMITTED BY LAW,EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF,UNDER OR IN CONNECTION WITH THIS EASEMENT.EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. 7.Grantor hereby relinquishes all rights of dower,homestead and distributive share in and to the Easement Area and waives all rights of exemption as to any of the Easement Area.Grantor understands that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale;and that by signing this easement,Grantor voluntarily gives up any right to this protection for the Easement Area with respect to claims based upon this easement 8.Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple and Grantor has good and lawful authority to grant the rights provided in this easement. (Acknowledgments on following page) Dated this fo day of Page 2 UNIVERSITY OF IOWA COII/IMUNITY CREDIT UNION SIGNATURE rf)Ze/i NO PRINTED NAME TITLE ACKNOWLEDGMENT STATE OF IOWA ) )ss COUNTY OF DALLAS ) This record was acknowledged before me on l0 2P+)by k,5 NOM6 .. L\'h 'L (PERSON NAME)r (TITLE)(COMPANY NAME) ~as&Mre CHARISATIMMINS „Commission Number?72028 M mis ion sxpi s Signature of Notary Public Consent of Party in Interest The undersigned does hereby consent to the terms and conditions of the Electric Transmission Line easement described herein. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION SIGNATURE rf3/c'I srsf e PRINTED NAME TITLE Paso 3 Index Le end Location.Lot 2,The Crossing At A(ice's Road Plat 4 Requestoc City of Waukee Proprietor:University of lowe Community Credit Union Surveyor;Jody Budde Surveyor Company;iFoth infrastructure &Environment,LLC (Jody Budde,8191 Birchwood Court,Suite L Return To:Johnston,(A 50131 515 254-1393 PERMANENT TRANSMISSION EASEMENT BEING CONVEYED TO M)DAM SE ALICES ROAD IMPROVEMENTS PARCEL 42 ER(CAN ENERGY COMPANY FND CUT X NE CORNER SEI/4 SEI/4 SEC 27-79-26 PROPERTY DESCRIPTION: LOT 2 OF THE CROSSING AT ALICE'6 ROAD PLAT 4,AS RECORDED IN BOOK 2015.PAGE 20364 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY./OWA. TRANSMISSION EASEMENT DESCRIPTION (EASEMENT AREA) A PARCEL OF LAND LOCATED IN LOT 2 OF THE CROSSING AT AL/CE'S ROAD PLAT 4,AS RECORDED IN BOOK 2015,PAGE 20364 OF THE DALLAS COUNTY RECORDER'S OFFICE.DALLAS COUNTY, IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS 2 / FND 5/8"IR ~ YCAP¹7844 PERMANENT EASEMENT EXH)B(T42-P COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE SOUTH 89'56'19'WEST,115.51 FEET AI.ONG THE SOUTH LINE QF THE SOUTHEAST QUARTER OF SAID SECTION 27;THENCE NORTH 00'31'39'EAST,147 96 FEET TO THE POINT OF BEGINNING,THENCE NORTH 00'31'39"EAST,213.45 FEET. THENCE NORTH 04"20'30'EAST,14 82 FEET TO THE NORTH LINE OF SAID LOT 2,THENCE SOUTH 89'43'40"EAST,25 06 FEET ALONG SAID NORTH LINE:THENCE SOUTH 04'20'30"WEST,15 76 FEET, THENCE SOUTH 00'31'39"WEST,187.35 FEET;THENCE SOUTH 45' 13'30"WEST,35 54 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,392 SQUARE FEET OR 0 12 ACRES MORE OR LESS,SUBJECT TO EASEMENTS AND RESTRICTIONS QF RECORD FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011)IA SPCS SOUTH ZONE.US SURVEY FOOT. LOT I gD Cq VLCC "QS BQhq 60' S Q Q Ut EU Q 8 /88 288 /EEY NOTE.MCHUMEHTS SHCWH TO BE SET WILL BE SSTAB LISHEO AFTER CONSTRUCTION IS CGMOLEYEU PROPERTY OWNER: UN/VERS/TY OF IOWA COMMUN/TY CREDIT UNION 89'43'40"E 2506' S 89 43'40"E 2945' S 04'20'30"IN 15 76' 5 00'31'39'IN 187.35 / 43 36' S45'13'30"W 3554' POB ,S 89 56'19"W 11551' / C/0 NATHAN ALLEN —23844'(M &R)2( 5820 WESTOWN PARKWAY WEST DES MOINES,IA 50066 BOOK 2008,PAGES 6499-6500 LOT 2 h nt) LOT I 20 612061'~ m m M m SW CORNER 355 04(M)355 01(R)() SEI/4 SEI/4 (ROW IMDTH VARIES) 5 89'56'19"W 1317.78' POC FND BRASS PLUG SE CORNER SEC 27-79-26 LEGEND 4 0 (M) (R) I.R. IP PROPERTY LINE~PERMANENT tRANSMISSION EASEMENT FOUND SECTION CORNER MONUMENT 862 SECTION CORNER MCHUMEHY ECUHO CUTE IU BLESS NOTED) SET 5/8 HE/ICC W/PIHK Cnn¹22847 (UHLSSS NOTED) MEASU/ISC DIMENSION RECORCEO DIMENSION IRON RUO IRON PIPE SECTION LINE RIGHT.CF-WAY LINE EXISTING LOT LINE BBIONA(- D'.'".'."'..&4,. ( 43 '3 Q.JODY A w BUDDE ..')..'O," *"o,/OU// /l,ll null FIELD SURVEY COMPLETED JANUARY 2017 7-C2Y5O3 ItY7 JGGYA UCE.PLS.DATE to *H 5 22842 Mtt 4 Id I I GSCSEIBEH31,2818 SURVEY FOR. CITY OF WAUKEE 230 HIGHWAY 6 INAUKEE,IA 50263 TEL/(515)9874363 FOTH PROJECT NO.16W021-01 DATE:7/21/2017 +Foth Pots I 28 t t 8 End/tonn ont,LLC 8/81BM C .S l on t /A 58 31 2nl Pt n 254.2 515.25 tn2 SHEET I OF 1